The Nelson Evening Mail. SATURDAY, NOVEMBER 16, 1867.

Nelson Evening Mail, Volume II, Issue 272, 16 November 1867, Page 2

The Nelson Evening Mail. SATURDAY, NOVEMBER 16, 1867.

SUPREME COURT. Saturday, November 16th, 1867. (Before his Honor Mr Justice Richmond.) The Spring sittings of the Supreme Court commenced this morning at the Provincial Hall, at 10 o'clock, at which hour his Honor Mr Justice Richmond entered the Court, attended by the {Sheriff, B. Walmsley, Esq., and accompanied by his Honor the Superintendent and the Resident Magistrate. The names of the grand jury having been called over the following gentlemen answered to their names and were sworn in: — C. B. Wither, J. Beir, W. C. Hodgson, H. Goulston, D. Sclanders, W. Wells. J. Watkins, J. W. Barnicoat, P. M'Tavish, G. Bennett, C. Hunter Brown, C. Muntz, H. H. Stafford. A, S. Collins, A. S. Braith\vaite, J. T Lowe, H. Martin, S. H. Pike. W. S. Mortimer, A. J. Richmond, H. Beitt, and J. Bentley, Esqs. C. B. Wither, Esq., wss chosen foreuian. The Judge, was appeared ts be suffering from indisposition, then delivered bis charge to the jury. His Hon r commenced by expressing the great satisfaction he fell in presiding as Judge over this district, with which he had long been connected by public and private ties. It might be expected of him that he should enlarge on such personal considerations,, but he thought that private feelings and the expression of thera were out of place on such occasions, and that the Court had met rather to deal with the deficiencies and shortcomings of our civilisation. For his own part he always considered the opening of the assizes as a day of humiliation and pain, for they were met to perform the duty of deciding on the sins and crimes of their fellow-men, and undir such circumstances it was not fitting to indulge in any self-congratulatory feeling. It was however usual on these occasions to advert to the legislation of tbe last session of the Colonial Parliament, and he wished to call their especial attention to a series of Acts consolidating the criminal code, which, in imitation of recent legislation in England, had greatly simplified the law on these subjects, sweeping away a great deal of rubbish in the shape of previous disconnected Acts. There was scarcely anything wbich he had to say regarding the calendar, which did indeed include one charge of the highest character of which the law took cognisance, namely, murder, but as the evidence had been got up in such a manner as reflected much credit on the authorities at the West Coast, he did not expect that they would experience any difficulty in dealing with the case Had the grand jury been novices in the execution of their dury, it might have been necessary for him to lay down some maxims for their guidance, but as they had had the advantage of sitting year after year under the eye of a learned and public spirited judge, he was relieved of such necessity. . Should they however encounter any difficulty in the performance of their duties, they would of course always find him ready to assist them. The grand jury then retired, and returned into Court at 11 o'clock, when the foreman stated that & true bill had been found against James Blanch; the bill against William Chambers having been ignored he s was immediately discharged, his Honor expressing his acquiescence in the decision of the jury. James Blanch was then placed in the bar, charged with stealing on the 14 th August last, a dressing case and a mathematical instrument case, the property of William Henry West. The prisoner pleaded not guilty, and was defended by Mr Pitt. Tbe Provincial Solicitor having opened the case, it appeared that oh the morning of the fire in Bridge-street, the premises of the prosecutor being in great danger, his stock was removed lower down the street behind Mr Hounsell's store. The prisoner was observed about 7 o'clock by a young man, named Moffitt, a laborer, going round the corner of the store with a bundle into the manuka scrub at the back of the building, where he stooped down, ftnd shortly afterwards returned round the fence opposite the Postoffice withoat the bundle. Moffitt then examined the place, but could find nothing there. Aoout three quarters of an hour afterwards he returned, and found the articles alluded to amongst the scrub, which ■were produced in Court and identified. The evidence given by this witness was corroborated by Mr F. Hill of H.M. Customs. Mr Pitt addressed the jurj for the defence, and called a witness named William Towns, who proved that he had seen the prisoner carrying something under his coat, and followed him towards the Postoffice, where he missed him near the sections close to Mr Hounsell's store, and shortly afterwards saw the prisoner coming off the open ground at tbe corner opposite the Postoffice, without his bundle. The Provincial Solicitor having briefly replied, The Judge summed up, and said that the only reasonable surmise which could be entertained of the prisoner's innocence would be founded on the possibility of some other person having deposited the articles in the place described, in the interval between Moffitt's first and scond visit to the spot. The jury retired for five minutes, and returned into Court with a verdict of Not guilty. Arthur Bernard Walter Goldsmidt, charged with stealing oh the 28th ultimo a mare and a dogcart, the property of James Lucre, pleaded Guilty, and was ordered to be brought up for sentence on Tuesday next. John Anderson and James Thompson, prisoners of the Crown, under arms, were charged with illegally escaping from Nelson gaol on the 24th of June, and baving pleaded -Guilty, were ordered wbe brought tip. for sentence cn Tuesday

James Regan was charged with unlawfully assaulting Jesse Armstrong, a child of about four years old, with intent, &c , on tbe 25th of September last. The prisoner pleaded Not guilty, and was undefended. The particulars of the case are quite unfit for publication. The offence having been fully proved the Judge, without reading through the evidence, stated that the proo p of the prisoner's guilt depended entirely on the credibility attached by the jury to the evidence given by the constable Clark who apprehended him. The jury immediately returned a verdict of Guilty, anl the prisoner was sentenced to IS months' imprisonment with hard labor. Jamts Campbell, charged with uttering on the 30th July a forged order for the payment of 25/ purporting to be issued by Mr Thomas Carter, of Marlborough, pleaded Guilty; sentence deferred until Tuesday next. The Court then adjourned shortly before 3 o'clock, until Monday next, at 10 a.m.